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Lancaster DA reports filings and declines for March–April 2025; explains why some cases are declined
Summary
The Lancaster District Attorney presented detailed filing and declination counts for March and April 2025 across major categories and explained charging standards that can lead to declines or to filing a probation‑violation instead of a new criminal case.
The Lancaster District Attorney updated the commission on case filings and declines for March and April 2025 and described the office's filing standards and strategic considerations.
The DA said there were no arson filings in March and two in April. Auto theft filings were six in March and 16 in April, with seven declines in March and 12 declines in April. Burglary filings were 12 in March and six in April; there was one declined burglary in March and none in April. The DA gave counts across other categories: felony assault filings (including assaults with deadly weapons and assaults likely to produce great bodily injury) were 17 in March and eight in April, with 11 declines in March and 10 declines in April. Felony DUI filings were one in March and two in April, with one declined in each month. Illegal firearms/illegal weapons filings were eight in March and 17 in April, with six declines in April. The DA also provided counts for sexual offenses, vandalism, violations of protective orders and other categories as part of the monthly filing report.
When asked why cases are declined, the DA explained the office's standard is proof beyond a reasonable doubt (the jury standard). Charging attorneys review the evidence and anticipated defenses and decline cases when the office determines the evidence is insufficient to meet that standard or when victims or witnesses are uncooperative. The DA also said some matters are resolved by filing probation violations rather than new criminal cases because probation violation proceedings require a lower burden of proof (to a judge) and may be a strategic alternative.
A commissioner asked what elevates a DUI to a felony; the DA cited vehicle‑code provisions on DUI with injury (vehicle code section 23153) and said injuries, prior convictions and certain prior felony DUI or vehicular manslaughter convictions can make a DUI a felony.
The DA emphasized that some declinations reflect a need for additional investigation and that prosecutors will advise investigators when they believe supplementary evidence could make a case fileable.
